# C_2021462EN.01001002.xml

| 15.11.2021 | EN | Official Journal of the European Union | C 462/10 |
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15.11.2021

EN

Official Journal of the European Union

C 462/10

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Judgment of the Court (Fifth Chamber) of 9 September 2021 (Request for a preliminary ruling from the Cour de cassation — France) — Criminal proceedings against FO

(Case C-906/19) (1)

(Reference for a preliminary ruling - Road transport - Harmonisation of certain provisions of social legislation - Regulation (EC) No 561/2006 - Article 3(a) - Non-application of the regulation to carriage by road by vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 km - Vehicle for mixed-use - Article 19(2) - Extraterritorial penalty - Infringement detected on the territory of a Member State committed on the territory of another Member State - Principle that offences and penalties must have a proper legal basis - Regulation (EEC) No 3821/85 - Recording equipment in road transport - Article 15(2) - Obligation to insert the driver card - Article 15(7) - Obligation to produce the driver card whenever an inspecting officer so requests - Failure to insert the driver card in the recording equipment on several of the 28 days preceeding the inspection day)

(2021/C 462/09)

Language of the case: French

Referring court

Cour de cassation

Party to the main criminal proceedings

FO

Operative part of the judgment

| 1. | Article 3(a) of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85, must be interpreted as meaning that a driver who engages in carriage by road falling within the scope of that regulation is required to produce, whenever an inspecting officer so requests, the driver card, record sheets and any information in respect of the 28 days preceeding that day, in accordance with Article 15(2), (3) and (7) of Council Regulation (EEC) No 3821/85 on recording equipment in road transport, as amended by Regulation No 561/2006, even when, during that period, that driver has also engaged in, using the same vehicle, carriage of passengers on regular services where the route covered by the service does not exceed 50 km. |
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1.

Article 3(a) of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85, must be interpreted as meaning that a driver who engages in carriage by road falling within the scope of that regulation is required to produce, whenever an inspecting officer so requests, the driver card, record sheets and any information in respect of the 28 days preceeding that day, in accordance with Article 15(2), (3) and (7) of Council Regulation (EEC) No 3821/85 on recording equipment in road transport, as amended by Regulation No 561/2006, even when, during that period, that driver has also engaged in, using the same vehicle, carriage of passengers on regular services where the route covered by the service does not exceed 50 km.

| 2. | Article 19(2) of Regulation No 561/2006 must be interpreted as precluding the competent authorities of a Member State from imposing a penalty on a driver of a vehicle or a transport undertaking, in respect of an infringement of Regulation No 3821/85, as amended by Regulation No 561/2006, committed on the territory of another Member State or a third country, but detected on its territory and for which a penalty has not already been imposed. |
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2.

Article 19(2) of Regulation No 561/2006 must be interpreted as precluding the competent authorities of a Member State from imposing a penalty on a driver of a vehicle or a transport undertaking, in respect of an infringement of Regulation No 3821/85, as amended by Regulation No 561/2006, committed on the territory of another Member State or a third country, but detected on its territory and for which a penalty has not already been imposed.

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(1)  OJ C 61, 24.2.2020.

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